2015 ORS
746.075¹

Misrepresentation generally

(1) A person may not engage, directly or indirectly, in any action described in subsection (2) of this section in connection with:

(a) The offer or sale of any insurance; or

(b) Any inducement or attempted inducement of any insured or person with ownership rights under an issued life insurance policy to lapse, forfeit, surrender, assign, effect a loan against, retain, exchange or convert the policy.

(2) Subsection (1) of this section applies to the following actions:

(a) Making, issuing, circulating or causing to be made, issued or circulated, any estimate, illustration, circular or statement misrepresenting the terms of any policy issued or to be issued or the benefits or advantages therein or the dividends or share of surplus to be received thereon;

(b) Making any false or misleading representation as to the dividends or share of surplus previously paid on similar policies;

(c) Making any false or misleading representation as to the financial condition of any insurer, or as to the legal reserve system upon which any life insurer operates;

(d) Using any name or title of any policy or class of policies misrepresenting the true nature thereof;

(e) Employing any device, scheme or artifice to defraud;

(f) Obtaining money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statement, in light of the circumstances under which it was made, not misleading;

(g) Engaging in any other transaction, practice or course of business that operates as a fraud or deceit upon the purchaser, insured or person with policy ownership rights; or

(h) Materially misrepresenting the provider network of an insurer offering managed health insurance or preferred provider organization insurance as defined in ORS 743B.001 (Definitions), including its composition and the availability of its providers to enrollees in the plan. [1967 c.359 §574; 2001 c.266 §7]

Notes of Decisions

Where insurance company represented to insured that, if insured did not renew policy, assumed loss ratio would be applied and insured would not be entitled to full refund of dividend distribu­tion, when in fact policy did not provide for applica­tion of assumed loss ratio when it expired, Insurance Division could properly find misrepresenta­tion under this sec­tion. Employers Mutual Liability Ins. Co. v. Insurance Div., 49 Or App 515, 620 P2d 497 (1980)

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